Artificial Intelligence in International Arbitration

an Instrumental Function or the Rise of Algorithmic Supremacy?

Abstract

This article examines the existing changes in contemporary international arbitration practice resulting from the increasing use of technological tools, with a particular emphasis on the application of artificial intelligence (AI). Employing theoretical-investigative and comparative legal methods, the author seeks to analyse the instrumental role to be played by AI within arbitral institutions and to explore the multifaceted intersections of AI-based technologies at various levels: the strengthening of arbitral institutions; the procedural use of AI in arbitration; the emerging legal framework related to AI and arbitration; and the consideration of emerging technologies as the subject of disputes submitted to arbitration, including those concerning AI, blockchain, information security, privacy, and data protection. The article also addresses the risks and limitations associated with the use of AI tools, underscoring the importance of human intervention and correction as a safeguard against an “algorithmic supremacy” over the dispute resolution domain. As a final contribution, the study assesses the practical potential of AI in arbitral proceedings, weighed against the necessary ethical, legal and procedural safeguards posed by the intensive use of emerging technologies.